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pawan   12 May 2017 at 15:17

Suit simplicitor for injunction in 53 tp act without specific performemence

1) buyer filed a suit for under 53a TP Act with prayer for /temporory & Perpetual injuction. Court grants Temp Injuction.Seller Builder attended courts through advocate but not filed any reply & Proceeded Ex-Parte. and Ex parte evidnce was collected and after argument order reserved and court asked for clarificationsi Brief Summary a) Notory attested Agreement with posseseion witnessed by advocates done in 1999 after full and final payment. b) Cash Recipt on Revenue stamp was Given by seller. c) Seller on same day registred a WILL as Well As regsitred Power of Attorney in . Buyer told him to do registred sale deed after few days seller says few Govt permissions are need and assured will do later.Builder seller further collected extra money for permissions by Cheque and assured will adjust in STAMP purchase.But never came forward to execute sale deed . But after 15/16 years started thretening and even saying that he will disposes the buyer and may sell the space to some powerfull muscleman .Builder cancelled registred will WILL and POA in year 2016 though they were done after taking full money and even more in name of stamp duty & permissions. Buyer and seller(Builder) were close relatives so his assurances were belived.Buyer continued in possession till date and since 1999 have eelectricty , water metre , House tax in his name. Note : On above facts court asked verbally buyer why case for specific perfromence is not filed along with relief under 53a for injunction and wants specific ruling on maintenability of EX Parte Suits.
Your Exper advice will be Highly appreciated

Read more at: http://www.lawyersclubindia.com/forum/Suit-for-injunction-53a-without-specific-performence-149725.asp

pawan   11 December 2015 at 16:03

Builder - cheating by g.p.a

Thanks In Advance Brief History.

1) Builder A Pvt Ltd Co.sold me by sale deed a BASEMENT OR LOWER GROUND FLOOR NON RESIDENTIAL HALL SAPCE..

2) FOR FEW GOVT WORK BUILDER ASKED ME TO GIVE GENERAL POWER OF ATTORNEY WHICH I MADE AND IT WAS REGISTRED IN BUILDERS PERSONELL CAPACITY.

3) FOR MY WORK I USED THIS FORCOLLATERAL IN BANK AFTER 3 YEARS I CLEAR THE LOAN AND BANK RETURNED ALL DOCUMENTS,

3) I CAME TO KNOW THAT BUILDER USING MY GPA HAS MADE A SALE DEED IN SOME ONE ELSE NAME .I CAME TO KNOW ABOUT IT AFTER 5 YEARS JUST NOW.

4) FRAUD IS BUILDER ( GPA HOLDER) SOLD IT INSTED OF A HALL IN BASEMENT -AS MIG FLAT WITH 2 BED/2BATH/ D/D AND LOACTION AS GROUND FLOOR INSTED OF BASEMENT OR L.GFLR

PLEASE ADVICE.

1) WHAT ACTION I CAN TAKE TO CANCEL THIS DEED

2) NO PAYMENT HAS BEEN CREDITED TO ME.

AT PRESENT ONLY A LOCK IS THERE . CONSTRUCTION IS AS IT IS AS I PUCHASED .

pawan   28 January 2015 at 19:01

Award execution process



Friends need help

1)Delhi high court appointed Tribunal gives award 4Month back in my favour.

2)No appeal by other party filed to challenge award yet.

3) Now what is the correct procedure to get it executed .

4) where should i file execution in high court delhi or lower court

4) Builder PVT Ltd compnay is in delhi i am in delhi but property in ghaziabad.

5) What precaution we should take to avoid delay.



pawan   11 August 2014 at 19:28

Exparte rights in arbitration

kindly help as per below in arbitration matter

Exparte proceedings started due to failure of party to pay its share of Arbitration Fees and cost and panelty.Party Moved application not to proceed expated but was rejected by Tribunal with remark that they are habitual offender.

1)My question can They participate in arbitration proceedings

2) What Right they still have ,can they cross examine the witnesses or can they demand any document , can they move any application before tribunal to delay or side track

3) can they still actively participate or will be mere spectaor or

4) they will not be allowed to sit in proceedings

Your early reply will be highly appreciated

pawan   19 August 2012 at 17:22

Re :allotment / agreement / agreement to sell


1)Is it must to resgister& stamp allotment a)letter b)agreement to sell done with builder

2)If yes can we pay the stamp duty now and registred now if not paid earlier

3) how much stamp charges to be paid now for agreement / allotemnet done in delhi in 2005

4) can arbitration clause is appilcable if agreement / allotment is not stamped / registerd